September 28,2018:
On Friday, Justice Indu Malhotra, was only dissenting voice in Five-Judge Constitution Bench which ruled on the Ban on Women between ages of 10 to 50 years to enter Sabarimala Temple was unconstitutional.
Justice Malhotra stated that personal views of the judges about religious practice were irrelevant, grievances raised were non-justiciable.
She further added that,“In a secular polity issues that are matters of deep religious faith must not be interfered with by courts”.
“The right to practice is a fundamental right.. religious practises are protected”, Justice Malhotra stated.
While the Majority of the Bench stated that Article 25 of Constitution protects equal entitlement on all the persons to freely practice religion.
Justice Malhotra also pointed out that Courts normally do not interfere with the religious practices.
She stated that,“Equality in matters of religion must be viewed in the context of the worshippers of the same faith. It is not for the court to determine which practices of faith are to be struck down except when they are evil, for example sati”.
Justice Indu Malhotra concluded that the issue of what constitutes is an essential practice is for religious committees to decide.
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